High CourtsDivision Bench(2021) 05 DEL CK 0204

Dr. Rakesh Saxena vs Govt Of Nct Of Delhi & Ors

Delhi High Court · Decided on 18 May 2021

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, CJ · Jyoti Singh, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 5049 Of 2021, Civil Miscellaneous No. 15453 Of 2021

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Judgment

16 paragraphs · 358 words

D.N. Patel, CJ

1.

Learned counsel for the Petitioner submits that the Petitioner is a Doctor by profession and was a Director in the Company which, prior to the

appointment of the Insolvency Resolution Professional by NCLT, was running a multispeciality hospital under the name of Febris situated at Narela,

New Delhi. It is a 150 bedded hospital and also accessible to people from Haryana and Uttar Pradesh.

2.

Counsel for the Petitioner submits that independent of the NCLT proceedings, the petitioner is offering the hospital facility to Respondent No.1 and

is ready and willing to deposit Rs.15 Lakhs as an initial contribution as also Rs.4 Lakhs p.m. for running the hospital. The remaining funds would be

generated from the money paid by the patients. The hospital is a multispecialty hospital and in the present circumstances of Pandemic Covid-19 with

extreme scarcity of hospitals and beds, this would go a long way to benefit the people of this city. Petitioner also undertakes that he will not take the

control of the hospital or claim any right over it as the proceedings are pending before the NCLT and the Petitioner is only offering the services of his

team of doctors and para-medical staff to make the hospital operational during this pandemic situation as a goodwill gesture.

3.

Having heard learned counsels for both sides and looking into the facts and circumstances of the case, we hereby direct Respondent No.1 to take a

decision with respect to the aforesaid offer of the Petitioner, subject to the undertaking given by him with regard to the contribution of funds and the

control over the running of the hospital and also looking to the reply affidavit of Respondent No. 3 file in this petition. These aspects of the matter will

be kept in the backdrop while taking a decision in the matter by Respondent No.1. Since the offer, if accepted, can be useful in the present

circumstances, we hope and expect Respondent No.1 to take a decision as expeditiously as possible as and not later than three weeks from today.

4.

With these observations, the writ petition and the application are disposed of.